No gun zone

So, as I dropped my neighbor off to work today at her school (left my gun at home, yes I’m a good soldier) BUT, I wonder why schools are a NO GUN ZONE?? Why aren’t they NO CRIMINAL WITH GUN ZONE?? OR something similar…I thought, if something bad went down, they have taken the gun out of my hands and I won’t be able to participate to stop a bad guy. It seems, states like to make criminals out of law abiding citizens when it comes to gun laws…sorry for the rant but I think the laws need to change!

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Schools are a no gun zone because of a Federal law, the school protection act. (Hint: the law makes it illegal to have a gun within 1000’ feet of the school, so you break it by just driving past while armed, unless you have a concealed carry license or permit.) That law exists because too darn many people are so stupid as to think that criminals obey laws. By definition, criminals don’t… DUH!

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I live within 1000 feet of a public school.
Am I breaking the law by keeping a gun in my home?

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No, you don’t.

[…]
" The prohibition of firearms in school zones does not apply if any of the following provisions are met.

(i) on private property not part of school grounds; "
[…]

That applies to home or other private property that is within 1000 feet of a school but isn’t public property.

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No, you are not on school property.

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Federal Gun-Free School Zones Act

Congress passed the Federal Gun Free School Zones Act of 1990 (GFSZA) and it was amended in 1995 to prevent guns being carried near schools. It states that one cannot knowingly possess a firearm in a school zone. “School zone” is defined as “in, or on the grounds of, a public, parochial or private school; or within 1,000 feet of the grounds of a public, parochial or private school.” It includes all public roads and sidewalks within that 1,000-foot buffer zone. It does not apply on private property, to a licensed concealed firearm permittee or an unloaded weapon in a locked container/rack. It should be noted that the firearm permittee exemption only applies in the state that issued your permit/license, not any states with reciprocity.

18 U.S. Code § 922(q)

https://www.usconcealedcarry.com/resources/federal-ccw-law/federally-banned-locations-for-carrying-firearms

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Welcome

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Of course, transporting a firearm to and from that private property is a horse of a different color. There was a recent

> arrest of a man in NY for bringing hsi shotgun to hsi home

that was inside that 1000’ circle aronud a school.

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…New York. ugh

I haven’t seen the details of that case yet (and I notice the title says arrest not conviction, hoping that is a significant distinction here).

But

It does not apply on private property, to a licensed concealed firearm permittee or an unloaded weapon in a locked container/rack.

Would seem to allow a way to get it to and from the home.

BUT that’s the federal law exception.

STATE law may yet be even more restrictive than that (although the state law would not invalidate the USCCA membership benefit) (although-although New York state residents aren’t allowed USCCA memberships anyway)

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@Barry98 Welcome to the community! You’re not breaking the law if you are in your property. You will break the law if you are carrying and walk out of the driveway onto the sidewalk/street (which is NOT your property and WITHIN 1000’ of the school) to walk the dog, check the mail at mailbox down the street corner (permitless). :thinking:for example. Appears if you have a CCP you are OK.

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Ugh is right!! What irks me (worse but being polite)…NYS threatened to make us get insurance. I was ahead of the curve…joined USCCA anyway, but there was no room for Conservatives (Cuomo) so we moved to FL. Now, thinking of going back (I know why? Don’t do it) because of kids being there BUT, I will continue to support USCCA in hopes that someday we will be accepted by the all loving liberals there :slight_smile:

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What places like that are trying to pass as a requirement is different from USCCA membership. They want to require insurance for negligence or accidents, to pay for other people’s stuff…they don’t care about (actively seem to not want) you being able to put up a vigorous defense in court if charged with a crime for defending yourself

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Having the license or guns locked in a container or rack is the sticking point for most I think. There is a school zone that a significant portion of the people in my town have no choice but to drive by. Not to mention all the hunters who drive by to access all the Forest Service land beyond the school. I don’t know of many people who lock their firearms in a case when going hunting or to the range. AZ being a Constitutional Carry State means many if not most people carrying or transporting firearms are unlicensed.

I suspect this law is broken dozens of times per day in my tiny town. Probably hundreds during hunting season. When you add up all the school zones around the country how many hundreds of thousands or possibly millions of times does this law get broken on any given day? Talk about a law that doesn’t make anyone safer but significantly infringes on the rights of millions of otherwise law abiding citizens.

I doubt the local sheriff here would give anyone a hard time but they could if the wanted to and other agencies could certainly use this law to harass and prosecute millions if they ever choose to do so.

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Unconstitutional and miss use of needed security. Ten years ago my sons were in middle school. The school principal and the local sheriff agreed to allow CWP parents with their training, to patrol the school halls and property. It really put our minds at ease. But for some reason it only last for that one year! I think it’s because the following year we got a democrat in our district!!!

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Thanks,
Does that information change if I have a CC Permit?

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Thanks for the clarification!

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Each State law are different. You’d have to check your State law. Nathan57 gave some great input on Federal law and it appears that with a CCP issued in the state in which you reside is OK, but some States may differ in following Federal law, it just depends.

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So if I go pick up my nephew I have to Unload and lock my gun in a lock box and have my CWP with me or do I need to go home before I pick him up and leave my gun at home

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I am not an attorney and cannot interpret law. I am just a lay person, this is not legal advice, I recommend asking an attorney in your state for a completely definitive answer (if such a thing is possible)

That said, the source I am linking says or, you are you using and

It does not apply on private property, to a licensed concealed firearm permittee or an unloaded weapon in a locked container/rack.

My lay person opinion is that this is or. On private property, or a license holder, or an unloaded weapon in a locked container/rack

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Thanks Ron.

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